The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders) Citations: [2022] UKFTT LON – 00BG – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 November 2022; Ref: scu.674382
The tenant of a house had subdivided it and let off the flats. He sought to acquire the freehold. Held: Where none of the subtenants themselves had qualifying leases, the head tenant could be in sufficient occupation to be able to buy the freehold. Judges: The Hon Mr Justice Laddie Lord Justice Jonathan Parker Citations: … Continue reading Earl Cadogan, Cadogan Estates Limited v Search Guarantees Plc: CA 27 Jul 2004
HOUSING – selective licensing scheme – differences between sections 67 and 90 of the Housing Act 2004 – requirement to attend a training course Citations: [2020] UKUT 91 (LC) Links: Bailii Jurisdiction: England and Wales Housing Updated: 10 November 2022; Ref: scu.649219
In each case the tenants requested adjournment of the possession proceedings brought against them by the landlord for arrears of rent to allow them time to bring the arrears below the level at which a possession order could be made. In each case it was said that the situation arose from maladministration by the local … Continue reading North British Housing Association Ltd v Matthews, Same v Others: CA 21 Dec 2004
The University wanted to sell land for development free of restrictive covenants. It had previously been in the ownership of both the servient and dominant land in respect of a restrictive covenant. The Borough contended that the restrictive covenants remained in effect. The University sought their discharge. Held: The Borough had owned the dominant and … Continue reading University of East London Higher Education Corporation v London Borough of Barking and Dagenham and others: ChD 9 Dec 2004
The former tenant had set out to buy the council house, but had written to say that she did not intend to go ahead. Her son who had taken over the tenancy after her death now sought, twelve years later, to require the authority to proceed at that original price. Held: The tenant’s appeal was … Continue reading Martin v Medina Housing Association Ltd: CA 31 Mar 2006
The applicant questioned the compatibility of s185 of the 1996 Act with Human Rights law. The family sought emergency housing. The child of the family, found to be in priority housing need, was subject also to immigration control. Though the matter had been settled the court was invited to pursue the decision. Held: The Act … Continue reading Morris, Regina (on the Application of) v Westminster City Council and Another: Admn 7 Oct 2004
The applicants had been asylum seekers, and obliged to live in Glasgow. Upon losing their asylum claim, but being given exceptional leave to remain, they sought to be rehoused by the appellants. The appellants had said that the applicants having been rehoused in other areas had lost any connection with the area. The applicants said … Continue reading Al-Ameri v Royal Borough of Kensington and Chelsea; Osmani v London Borough of Harrow (Conjoined Appeals): HL 5 Feb 2004
The pipes in a block of flats had been changed from 1.5 to 1 inch. This was all right for some 6 years until the water pressure of the supply to the building dropped. The issue was whether there was a breach of the s.11(1) covenant. The landlords appealed saying that the section imposed upon … Continue reading O’Connor and Others v Old Etonians Housing Association Ltd: CA 20 Feb 2002
(Antigua and Barbuda) The applicant was employed as a civil servant. He joined a demonstration alleging corruption in a minister. It was alleged he had infringed his duties as a civil servant, and he replied that the constitution allowed him to speak out. Held: The demonstration did contravene the restriction on publishing his views. Analogies … Continue reading De Freitas v The Permanent Secretary of Ministry of Agriculture, Fisheries, Lands and Housing and others: PC 30 Jun 1998
The claimant sought to oblige the respondent to repair his flat under the 1988 Act. The respondent replied that the arrangement was a licence only, and not protected under the Act. Held: The housing association had a temporary licence to occupy a house and to re-let it, but under conditions which were more consistent with … Continue reading Bruton v London and Quadrant Housing Trust: HL 24 Jun 1999
The property was mixed commercial and residential use. It was in poor repair, and the local authority resolved for its compulsory purchase. The company challenged the decision saying the wrong tests had been applied. Held: The challenge was in effect to the inspector’s decision. S17 did authorise a resolution if there was mixed use, if … Continue reading Ainsdale Investments Ltd v First Secretary of State and Another: QBD 14 May 2004
The claimant sought damages under the 1977 Act. The defendant said it had behaved lawfully. He had been housed in a hostel pending a decision on the application for permanent housing as a homeless person, which the defendant said excluded him from protection under the 1977 Act. Held: The claimant’s appeal failed.Auld LJ said: ‘the … Continue reading Rogerson v Wigan Metropolican Borough Council: QBD 14 Jul 2004
Citations: [2022] UKUT 5 (LC Links: Bailii Statutes: Housing Act 2004 Jurisdiction: England and Wales Housing Updated: 04 February 2022; Ref: scu.671190
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
Was it lawful for the Secretary of State for Housing, Communities and Local Government, the respondent here, to reform the planning legislation in England by making statutory instruments to adjust ‘permitted development’ rights and to remove certain changes of use from the scope of development control, without undertaking a strategic environmental assessment under Directive 2001/42/EC … Continue reading Rights: Community: Action, Regina (on The Application of) v Secretary of State for Housing, Communities and Local Government: CA 20 Dec 2021
Land had been registered in part as a common. The council appealed. Held: The rights pre-existing the Act had not been lost. The presumption against retrospectively disapplying vested rights applied, and the application had properly been made. The claimant was entitled to register part only of the area of land original included. An application was … Continue reading Oxfordshire County Council v Oxford City Council, Catherine Mary Robinson: ChD 22 Jan 2004
Same Sex Partner Entitled to tenancy Succession The protected tenant had died. His same-sex partner sought a statutory inheritance of the tenancy. Held: His appeal succeeded. The Fitzpatrick case referred to the position before the 1998 Act: ‘Discriminatory law undermines the rule of law because it is the antithesis of fairness. It brings the law … Continue reading Ghaidan v Godin-Mendoza: HL 21 Jun 2004
clyde_macaulayEAT2008 EAT Jurisdictional Points: 2002 Act and pre-action requirementsStatutory grievance procedure. Modified procedure. Whether letter from claimant’s solicitor set out the basis for her grievance. Smith J [2008] UKEAT 0045 – 07 – 0304 Bailii Employment Act 2002 32, Employment Act 2002 (Dispute Resolution) Regulations 2004 Citing: Cited – Shergold v Fieldway Medical Centre EAT … Continue reading Clyde Valley Housing Association Ltd v Macaulay: EAT 3 Apr 2008
Wrongful Refusal of Benefits The claimant was estranged from his family, but claimed re-imbursement of the expenses for his brother’s funeral. The respondent required him to establish that none of his siblings was in a better position than he to pay for the funeral, but he had no means of contacting them. Held: Deciding a … Continue reading Kerr v Department for Social Development (Northern Ireland): HL 6 May 2004
The applicants, parents of more than 800 Francophone children, living in certain (mostly Dutch-speaking) parts of Belgium, complained that their children were denied access to an education in French. Held: In establishing a system or regime to comply with a Convention obligation, a State may include within the system elements that are not strictly required … Continue reading Relating to certain aspects of the laws on the use of languages in education in Belgium (Belgian Linguistics) No 2: ECHR 9 Feb 1967
The company sought the rectification of the register of village greens to remove an entry relating to its land, saying that the Council had not properly considered the need properly to identify the locality which was said to have enjoyed the rights claimed. Held: Rectification was ordered. The Green ought not to have been registered … Continue reading Paddico (267) Ltd v Kirklees Metropolitan Council and Others: ChD 23 Jun 2011
Police Retention of Suspects DNA and Fingerprints The claimants complained that their fingerprints and DNA records taken on arrest had been retained after discharge before trial, saying the retention of the samples infringed their right to private life. Held: The parts of DNA used for testing are not generally capable of revealing medical information about … Continue reading S, Regina (on Application of) v South Yorkshire Police; Regina v Chief Constable of Yorkshire Police ex parte Marper: HL 22 Jul 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
The claimant sought damages for injury alleged to have been suffered as tenant of a house after being subjected to carbon monoxide poisoning, and also from her former solicitors for their delay in her claim. The effective question was whether the compromise of proceedings entered into by the parties on the basis of a common … Continue reading Brennan v Bolt Burdon and Others, London Borough of Islington, Leigh Day and Co: CA 29 Jul 2004
The applicant gypsies had initially been permitted to locate their caravan on a piece of land owned by a local authority, but their right of occupation was brought to an end because the local authority considered that they were committing a nuisance. The local authority then successfully brought summary proceedings for possession, on the ground … Continue reading Connors v The United Kingdom: ECHR 27 May 2004
Sham requires common intent to create other result The court considered a claim by a hire-purchase company for the return of a vehicle. The bailee said the agreement was a sham. Held: The word ‘sham’ should only be used to describe an act or document where the parties have a common intention that the act … Continue reading Snook v London and West Riding Investments Ltd: CA 1967
The parties were not married, but had brought together their resources to purchase a home in the name of one of them. Nothing had been said about the respective shares on which the property was to be held. Held: The shares were to be assessed as at the time of the sale, not the time … Continue reading Oxley v Hiscock: CA 6 May 2004
The defendant blocked the line of a sewer. The claimant alleged that it had an easement and sought the cost of building the alternative pipe. The question to be answered was ‘Where an easement is granted by implication on the sale of a property, . .
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UTLC HOUSING – HOUSE IN MULTIPLE OCCUPATION – licence conditions – whether conditions restricting use of under-sized bedroom to student or other person living as part of a group may lawfully be imposed – s.67, Housing Act 2004 – appeals dismissed [2016] UKUT 71 (LC) Bailii Housing Act 2004 67 England and Wales Housing Updated: … Continue reading Nottingham City Council v Dominic Parr Trevor Parr Associates Ltd: UTLC 9 Feb 2016
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2021] UKFTT CHI – 18UC – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 21 January 2023; Ref: scu.673016
Application had been made to register as a town or village green an area of land which was largely a boggy marsh. The local authority resisted the application wanting to use the land instead for housing. It then rejected advice it received from a non-statutory enquiry, and sought a declaration from the court as to … Continue reading Oxfordshire County Council v Oxford City Council and others: HL 24 May 2006
The tenants held an introductory tenancy under the Act. The council sought possession, after giving notice, and after its review under the Act. The tenants objected, but the Council denied the right of the County Court to hear the objection, arguing that the court had no discretion but to order possession, that the right to … Continue reading Manchester City Council v Cochrane and Cochrane: CA 21 Dec 1998
A common was claimed at Steeple Bumpstead in Essex for ‘all kinds of lawful games, sports and pastimes . . at all seasonable times of the year.’ including cricket. Held: Rights of common over land can include the right of local inhabitants to play at all kinds of lawful games, sports and pastimes at all … Continue reading Fitch v Rawling: 1795
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2022] UKFTT LON – 00AC – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 November 2022; Ref: scu.674387
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – 00AN – HMG Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 26 November 2022; Ref: scu.674392
Housing Act 2004 and Housing and Planning Act 2016 – Banning Orders Citations: [2022] UKFTT CAM – 38UC – HBA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 25 November 2022; Ref: scu.674394
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – 00BG – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 24 November 2022; Ref: scu.674402
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2022] UKFTT LON – 00AF – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 23 November 2022; Ref: scu.674416
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – OOAM – HMG Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.674350
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders) Citations: [2022] UKFTT LON – 00AG – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.674377
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2022] UKFTT LON – 00AG – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 20 November 2022; Ref: scu.674370
Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2021] UKFTT MAN – 00BR – HNB Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 04 November 2022; Ref: scu.673250
The applicants complained that as an unmarried couple they had been excluded from consideration as adopters. Held: Northern Ireland legislation had not moved in the same way as it had for other jurisdictions within the UK. The greater commitment to traditional family structures did not however justify the difference. The rules were unlawful discrimination.Lord Hoffmann … Continue reading In re P and Others, (Adoption: Unmarried couple) (Northern Ireland); In re G: HL 18 Jun 2008
Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978
The appellant sought staying the order for him to pay costs pending the results of an appeal, and the respondent sought security for costs in fighting the appeal, and a striking out in default of payment, and for security for payment of the judgement debt. The applicant company is a limited liability company registered in … Continue reading Hammond Suddard, Solicitors v Agrichem International Holdings Limited: CA 18 Dec 2001
A council owned a two-storey building divided into four flats, one of which was occupied by the plaintiff. It failed to prevent frozen water pipes in the roof of the building (which was outside the demise to the plaintiff) from bursting and flooding her flat. On being warned by the plaintiff of her fear that … Continue reading Stockley v Knowsley Metropolitan Borough Council: CA 1986
The Court was asked whether an employee’s remuneration is taxable as his or her emoluments or earnings when it is paid to a third party in circumstances in which the employee had no prior entitlement to receive it himself or herself. Held: The company’s appeal failed. The purposive approach to the interpretation of the general … Continue reading RFC 2012 Plc (Formerly The Rangers Football Club Plc) v Advocate General for Scotland: SC 5 Jul 2017
The court considered the status of decisions to commence proceedings for possession by local authorities against tenants not protected under any statutory scheme. The tenants, on introductory tenancies and under the homelessness regime, argued that such decisions, being decisions affecting their Article 8 rights must be subject to challenge.The court considered the situation at Human … Continue reading Salford City Council v Mullen: CA 30 Mar 2010
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – 00AU – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 11 August 2022; Ref: scu.674379
Uber drivers are workers The claimant Uber drivers sought the status of workers, allowing them to claim the associated statutory employment benefits. The company now appealed from a finding that they were workers. Held: The appeal failed (Underhill LJ dissenting) The drivers accepted the control of tee Uber app: ‘Even if drivers are not obliged … Continue reading Uber Bv and Others v Aslam and Others: CA 19 Dec 2018
The council tenant had wished to appeal following a possession order made after her tenancy had been demoted. The court handed down a supplemental judgment to give effect to its earlier decision. The Court had been asked ‘whether article 8 of the . . Convention . . requires a court, which is being asked to … Continue reading Manchester City Council v Pinnock: SC 9 Feb 2011
Twins were conjoined (Siamese). Medically, both could not survive, and one was dependent upon the vital organs of the other. Doctors applied for permission to separate the twins which would be followed by the inevitable death of one of them. The parents, devout Roman Catholics, resisted. Held: The parents’ views were subject to the overriding … Continue reading In Re A (Minors) (Conjoined Twins: Medical Treatment); aka In re A (Children) (Conjoined Twins: Surgical Separation): CA 22 Sep 2000
‘There are two basic questions in this case. First, was the duty to make an ‘appropriate assessment’ under regulation 63 of the Conservation of Habitats and Species Regulations 2017 (‘the Habitats Regulations’) lawfully performed by a local planning authority when it granted planning permission for housing development on land near a European protected site in … Continue reading Brook Avenue Residents v Development (Barad), Regina (on The Application of) v Hanslip and Others: CA 15 Jul 2022
Challenge to the sums awarded on compulsory acquisition of grazing land, but which land had a substantial hope value for residential development. Held: The tribunal’s application of these difficult provisions to the complex facts of this case was exemplary. The appeal was allowed and the Court set aside the order of the Court of Appeal.‘the … Continue reading Homes and Communities Agency v JS Bloor (Wilmslow) Ltd: SC 22 Feb 2017
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – 00AM – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 July 2022; Ref: scu.674384
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2022] UKFTT LON – 00AG – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 17 July 2022; Ref: scu.674408
The claimant had applied for emergency housing, saying that he had suffered a deep vein thrombosis, and was vulnerable under the 1996 Act. The authority said that its finding that the VT would not put him at additional risk if homeless, was one of fact against which no appeal lay. The authority now appealing said … Continue reading London Borough of Wandsworth v Allison: CA 15 Apr 2008
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – 00AS – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 14 July 2022; Ref: scu.674424
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – 00BG – HMF Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 14 July 2022; Ref: scu.674381
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2022] UKFTT LON – 00AL – HMB Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 14 July 2022; Ref: scu.674386
The land owners had sought permission to fell an oak tree subject to a tree preservation order in order to prevent further damage from its roots. Held: The council’s appeal succeeded. The court was asked to decide whether any works to the tree could be said to be necessary if there were other possible works … Continue reading Perrin and Another v Northampton Borough Council and others: CA 19 Dec 2007
Housing – Civil Penalty – Particulars of Offence – Adequacy of The Local Housing Authority’s Statement of Reasons for Imposing A Financial Penalty – when does a local housing authority have ‘sufficient evidence’ of a breach of the mandatory condition in paragraph 1(2) of Schedule 4 to the Housing Act 2004 to produce to the … Continue reading Maharaj v Liverpool City Council: UTLC 21 Jun 2022
UNFAIR DISMISSALReason for dismissal including substantial other reasonPUBLIC INTEREST DISCLOSUREIn this whistleblowing case, the Claimant had an opportunity to refute an allegation of bad faith, which the Employment Tribunal upheld. Lucas v Chichester Diocesan Housing Assocition Ltd EAT/0713/04; Street v Derbyshire Unemployed Workers’ Centre [2004] IRLR 167 applied. The Employment Tribunal upheld a catalogue of … Continue reading Roberts v Valley Rose Ltd (T/A Fernbank Nursing Home): EAT 31 May 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
HOUSING – CIVIL PENALTY – particulars of offence – adequacy of the local housing authority’s statement of reasons for imposing a financial penalty – – when does a local housing authority have ‘sufficient evidence’ of a breach of the mandatory condition in paragraph 1(2) of Schedule 4 to the Housing Act 2004 to produce to … Continue reading Maharaj v Liverpool City Council: UTLC 20 May 2022
The court considered whether a successful appeal against a local authority’s decision on the need for emergency housing should lead to the case being remitted to them for a further review. May LJ defined the question to be: ‘whether there was any real prospect that Tower Hamlets, acting rationally, and with the benefit of further … Continue reading London Borough of Tower Hamlets v Deugi: CA 7 Mar 2006
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Arbib v Earl Cadogan: LT 15 Sep 2005
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Day and Another v 32 Rosary Gardens (Freehold) Ltd: LT 15 Sep 2005
LT LEASEHOLD ENFRANCHISEMENT – houses and flats in central London – appeals heard together regarding deferment rate – no convention that 6% established – absence of market evidence – decisions of LVTs and Lands Tribunal – settlements – financial markets – index-linked gilts – appeals allowed – deferment rates of 4.5%, 4.75% and 6.4% applied … Continue reading Cadogan and Another v 55/57 Cadogan Square Freehold Ltd: LT 15 Sep 2005
Parliament’s Approval if statute rights affected In a referendum, the people had voted to leave the European Union. That would require a notice to the Union under Article 50 TEU. The Secretary of State appealed against an order requiring Parliamentary approval before issuing the notice, he saying that the notice could be given under the … Continue reading Miller and Another, Regina (on The Application of) v Secretary of State for Exiting The European Union: SC 24 Jan 2017
A claim was made for the review of a decision of the Council to amend the Register of Town and Village Greens (TVG). Held: The registration of the TVG was manifestly flawed and could not stand whether under section 14 or by way of judicial review. Available procedures did not enable precisely the same relief … Continue reading Cheltenham Builders Ltd , Regina (on the Application of) v South Gloucestershire District Council: Admn 10 Nov 2003
A surviving same-sex partner sought a right of succession to a tenancy (of their previously shared flat). Interveners ‘pointed out that a growing number of national courts in European and other democratic societies require equal treatment of unmarried different-sex partners and unmarried same-sex partners, and that that view is supported by recommendations and legislation of … Continue reading Karner v Austria: ECHR 24 Jul 2003
Parties appealed decisions as whether assured shorthold tenancy notices were valid despite errors. Held: If, notwithstanding errors or omissions, the substance of the notice was sufficiently clear to the reasonable person reading it, then the notice was likely to serve the purpose, and it could be valid. There was not a two stage test of … Continue reading Ravenseft Properties Ltd v Hall; White v Chubb; similar: CA 19 Dec 2001
Mrs M came to England in 1994 living first in Ealing and then Hammersmith. Mr M came later and lived elsewhere in Hammersmith. Hammersmith gave them jointly temporary accommodation, first in a hotel and then in a flat. They then applied under section 193. The authority told Mrs M that they accepted a duty to … Continue reading Mohamed v Hammersmith and Fulham London Borough Council: HL 1 Nov 2001
An employer, who also operated as trustee of the company’s pension scheme, has no duty in negligence to give advice to scheme members as to how they should conduct their own membership of the scheme. No such obligation arises from the contractual relationship. Common law does not generally impose liability in tort for a pure … Continue reading Outram v Academy Plastics Ltd: CA 19 Apr 2000
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2021] UKFTT MAN – 00CJ – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 31 May 2022; Ref: scu.673802
The claimant had made more than one application for emergency housing. Held: ‘Clearly the mere assertion that an applicant’s claim ought to be considered cannot impose upon the local authority the onerous duty of making inquiries and considering the case afresh’ A fresh claim attracts all the substantive and procedural consequences of an initial claim … Continue reading Regina v Mayor and Burgesses of London Borough of Southwark ex parte Campisi: CA 9 Jul 1998
Housing Act 2004 and Housing and Planning Act 2016 – Rent Repayment Orders Citations: [2021] UKFTT LON – 00BK – HMC Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 30 May 2022; Ref: scu.673886
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2022] UKFTT CAM – 12UD – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 22 May 2022; Ref: scu.674340
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2021] UKFTT CAM – 22UH – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 19 May 2022; Ref: scu.673952
The court considered that the time period of twenty years necessary to establish a right of common under the Act was the period ending with the date of the application. Held: The court rectified the register under section 14 so as to remove the registration of an area of land between a row of houses … Continue reading Ministry of Defence v Wiltshire County Council: 3 May 1995
The complainant made a request to the London Borough of Bexley (the ‘Council’) for a copy of the legal opinion obtained by the Council in relation to a transfer of Council housing stock to two housing associations. The issue concerns the status of roads and footpaths on transferred estates and whether the Council or the … Continue reading Bexley London Borough Council (Decision Notice): ICO 9 Jun 2010
Land had been used as a park for many years. The council land owner refused to register it as a common, saying that by maintaining the park it had indicated that the use was by consent and licence, and that prescription did not apply. Held: Qualifying user having been found, there was nothing in the … Continue reading Regina v City of Sunderland ex parte Beresford: HL 13 Nov 2003
The claimants sought to have land belonging to the council registered as a village green to prevent it being developed. They said that it had for more than twenty years been used by the community for various sports. The council replied that it had managed a golf course on the land without objection from the … Continue reading Lewis, Regina (on The Application of) v Redcar and Cleveland Borough Council and Another: SC 3 Mar 2010
The respondent had obtained registration of land, Bachelors’ Acre, a grassed area of land in New Windsor, now used as a car park in the register of town and village greens under the Act as a customary green. It had been used for archery in mediaeval times and had later been leased for grazing subject … Continue reading New Windsor Corporation v Mellor: CA 1975
When setting out to establish that a piece of land has become a village green with rights of common, the tests are similar to those used in the law of prescription and adverse possession. Accordingly, there is no need to establish a belief in those using the rights asserted beyond that the use is as … Continue reading Regina v Oxfordshire County Council and Another, Ex Parte Sunningwell Parish Council: HL 25 Jun 1999
The claimant sought an order for possession of land outside St Paul’s cathedral occupied by the protestor defendants, consisting of ‘a large number of tents, between 150 and 200 at the time of the hearing, many of them used by protestors, either regularly or from time to time, as overnight accommodation, and several larger tents … Continue reading City of London v Samede and Others: QBD 18 Jan 2012
Housing Act 2004 and Housing and Planning Act 2016 – Civil Financial Penalties Citations: [2022] UKFTT CAM – 42UH – HNA Links: Bailii Jurisdiction: England and Wales Landlord and Tenant Updated: 10 May 2022; Ref: scu.674251
Administrative Discretion to be Used Reasonably The applicant challenged the manner of decision making as to the conditions which had been attached to its licence to open the cinema on Sundays. It had not been allowed to admit children under 15 years of age. The statute provided no appeal procedure, and the applicant sought a … Continue reading Associated Provincial Picture Houses Ltd v Wednesbury Corporation: CA 10 Nov 1947
Judicial review was sought of the Council’s decision to refuse to register a park as a Town or Village Green. Held: Carnwath J looked at the procedure to be followed by a council receiving an application for registration of commons right: ‘it is accepted that if the matter has to be reconsidered by the Council … Continue reading Regina v Suffolk County Council Ex Parte Steed and Steed: Admn 1995
Housing Act 2004 and Housing and Planning Act 2016 – Houses In Multiple Occupation Licensing Citations: [2021] UKFTT CHI – 00HB – HML Links: Bailii Jurisdiction: England and Wales Landlord and Tenant, Housing Updated: 05 May 2022; Ref: scu.673304
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003
Mutual Knowledge admissible to construe contract The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations. Held: The appeal succeeded. There were difficulties in construing the contract. The contract … Continue reading Chartbrook Ltd v Persimmon Homes Ltd and Others: HL 1 Jul 2009
The appellant challenged the grant of permission to the erection of wind turbines within sight of its golf course. Held: The appeal failed. The challenge under section 36 was supported neither by the language or structure of the 1989 Act, and ‘ The flexibility conferred on the Scottish Ministers in each of those conditions to … Continue reading Trump International Golf Club Scotland Ltd and Another v The Scottish Ministers (Scotland): SC 16 Dec 2015
Housing – Civil Penalty – joint landlords – whether joints landlords are a person in control of or managing an HMO – whether only one civil penalty may be imposed on two joint landlords – sections 72, 249A and 263, Housing Act 2004 – appeal dismissed Citations: [2022] UKUT 26 (LC) Links: Bailii Jurisdiction: England … Continue reading Gill and Another v The Royal Borough of Greenwich: UTLC 1 Feb 2022
Each applicant had been accepted as homeless by the respondent, but was then offered alternative accomodation under terms which they found unacceptable. They argued that the Regulations applied. The council had disapplied one statutory guidance in order to meet another administrative target. Held: ‘to depart from national guidance given under statute in order to achieve … Continue reading Khatun, Zeb, Iqbal v London Borough of Newham: Admn 10 Oct 2003
